Court procedures, appearance obligations, forfeiture and exoneration
The court lifecycle
Bail is set under RSA 597. After the bond is posted and accepted, the principal is released subject to conditions. The principal must appear at all required hearings and comply with release conditions. If the principal fails to appear, the court may order forfeiture of the bond and notify the surety. The surety may then produce the principal, pay the forfeiture, or ask the court to set aside or remit it.
Key distinctions
- Exoneration discharges the bond; it is not the same as the defendant's release from custody.
- A forfeiture is not automatically final just because the principal missed a date.
- Surrender of the principal can cut off exposure if done through the proper court procedure.
- Final disposition of the criminal case ordinarily supports exoneration, but only if the principal has complied.
Worked example
A principal misses a pretrial hearing because he is hospitalized. The producer documents the hospital admission, locates him, and moves promptly to surrender him or explain the absence. The court may set aside or reduce the forfeiture. The reasoning matters: the surety's obligation is appearance, and a documented inability plus prompt action can rebut a claim that the surety simply ignored the default.
Traps
Assuming forfeiture is automatically final; missing the court's notice; failing to calendar every hearing; confusing release with exoneration; paying a forfeiture without first checking whether surrender or a motion can cure it.